- 1 - HC-KAR NC: 2025:KHC:24743 CRL.P No. 7989 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7989 OF 2025 BETWEEN: ARJUN SINGH S/O BHACUU SINGH AGED ABOUT 21 YEARS R/O KOTITOPU CIRCLE NEAR CHURCH CIRCLE TUMAKURU TOWN PERMANENTLY R/AT NANGALA POPSINGH SINGH VILLAGE, PATHEHABAD TALUK, AGRA DISTRICT UTTER PRADESH - 282 001. …PETITIONER (BY SRI HARISH GOWDA K.M, ADV., FOR SRI RAGHAVENDRA A.S, ADV.) AND: 1. STATE BY WOMEN POLICE STATION TUMAKURU TOWN, TUMAKURU REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; NOTICE TO R-2 H/S V/O DTD:08.07.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT THE BAIL TO PETITIONER IN CR.NO.63/2022 OF WOMEN POLICE TUMAKURU SPL.C NO.351/2022 ON THE FILE OF THIS ADDL. DISTRICT AND SESSIONS JUDGE (FTSC-1), TUMAKURU FOR THE O/P/U/S 9, 1860 U/S 363,376 OF BNS, 2023 AND SECTION Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24743 CRL.P No. 7989 of 2025 6 OF POCSO ACT, 2012 SECTION 9 OF THE CHILD MARRIAGE RESTRAINT ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.No.351/2022 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Tumakuru, arising out of Crime No.63/2022 registered by Tumakuru Women Police Station, Tumakuru District for the offences punishable under Sections 363 & 376 of IPC, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. - 3 - HC-KAR NC: 2025:KHC:24743 CRL.P No. 7989 of 2025 4. FIR in Crime No.63/2022 was registered by Tumakuru Women Police Station, Tumakuru District against unknown person initially for the offence punishable under Section 363 of IPC, on the basis of first information dated 28.05.2022 received from respondent No.2 herein, who is the father of the victim girl. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested and produced before the jurisdictional Court on 06.06.2022 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. 5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.483/2025 was dismissed on 19.04.2025. Therefore, he is before this Court. 6. Perusal of the material on record would go to show that, FIR in the present case was registered against unknown persons. During the course of investigation, the - 4 - HC-KAR NC: 2025:KHC:24743 CRL.P No. 7989 of 2025 petitioner and the victim girl were traced. The petitioner, who was arrested on 06.06.2022 was subsequently remanded to judicial custody. After completing investigation, charge sheet is filed against the petitioner. Before the Trial Court, the victim girl has been examined as PW.1 and the first informant, who is the father of the victim girl has been examined as PW.2. 7. The submission made by the learned counsel for the petitioner that PWs.1 and 2 have completely turned hostile to the case of the prosecution is not seriously disputed by the learned HCGP. Be that as it may, the fact remains that material charge sheet witnesses have been already examined before the Trial Court. Therefore, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. The petitioner having no criminal antecedents is in custody for the last more than three years. 8. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner - 5 - HC-KAR NC: 2025:KHC:24743 CRL.P No. 7989 of 2025 for grant of regular bail is required to be answered affirmatively. 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.351/2022 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Tumakuru, arising out of Crime No.63/2022 registered by Tumakuru Women Police Station, Tumakuru District for the offence punishable under Sections 363 & 376 of IPC, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, (out of which one surety shall be local - 6 - HC-KAR NC: 2025:KHC:24743 CRL.P No. 7989 of 2025 surety) to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS